By using the HubScience website at https://www.hubscience.com and it’s subdomains (the “Site”), and HubScience desktop software (the “Software”) or other products and services (including mobile applications) provided to you on, from or through the Site (collectively, the “Services”), you agree to the HubScience Terms of Use (“Terms of Use”). These Terms of Use include the Site’s Privacy Policy, Intellectual Property Policy and any additional terms or product requirements applicable to the Services you use. If you do not agree to all of these Terms of Use, please do not use the Services.

The Services are provided by HubScience (“we”, “us” and “our”). We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

 

OUR SITE

1.1. In order to access certain features of our Site, you have to be registered. If you create a profile on the Site, you must provide true and accurate information about yourself. Should your profile information provided prove false or misleading (including your personal details), we may remove your profile.

 

OUR SOFTWARE

2.1. We hereby grant to you a non-exclusive, identifiable, non-transferable license, in accordance with these Terms of Use, to:

 

download, install or use the Software for the purposes of searching academic papers and any other documents (“Academic Papers”).

 

2.2. When you download our Software and enter your email address and password that you registered to create an account on the Site, our Software collects (even while you are offline) certain data which is uploaded to our servers when you synchronize your Software and account, specifically, data relating to:

Academic Papers such as the author name, title and keywords for the purpose of assisting in the cataloguing of your and other user’s Academic Papers;

indexing of academic articles and materials;

searching of the indexed academic articles and materials;

improving the document recognition process for all users;

reading, cataloguing and accessing your Academic Papers for the purpose of:

generating recommendations for you including articles that you may be interested in reading and these recommendations are displayed in your account;

preparing individualized statistical information which will only be made available to you via your account; and generating anonymous aggregate statistical information regarding the interests, habits and reading patterns of all users and/or certain sub-groups of our users such as all users at your institution. The statistical data does not contain any personally identifiable information and is made available to registered users on an anonymous and aggregated basis.

 

2.2. Except as we permit in these Terms of Use or as permitted by any local law, you undertake:

to use our Software only in accordance with the Terms of Use;

not to copy, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the whole or any part of our Software, nor permit our Software or any part of it to be combined with, or become incorporated in, any other programs (though you may contact us at office[at]hubscience[dot]com to seek a written permission from us to do so)

not to disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of our Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited by law;

not to remove or alter our (or our licensors’) copyright or other proprietary notice on our Software.

2.3. Save for the Content (as defined below), you acknowledge that we are the owner of or the licensee of all intellectual property rights in our Site and in the original material published on it, including the Software, and that you have no rights in or to our Software other than the right to use the Software in accordance with these Terms of Use.

 

INTERACTIVE AND SOCIAL NETWORKING SERVICES

3.1. We may from time to time provide interactive services on our Site, including, without limitation:

forums for discussion of issues of interest to users and members of our Site;

wikis for users and members to share and collaborate on knowledge relating to issues of mutual interest;

social networking services where registered members can: (i) create online personal profiles; and (ii) interact with other members;

facilities for the uploading and sharing of users’ and members’ Academic Papers with other users or private user groups you have created;

generation of statistics and recommendations.

3.2. We do not oversee, monitor or moderate the content that you upload to our Site using our interactive services and neither do we vet or screen users of our Site.

 

ACCEPTABLE USE

4.1. You may use our Services only for lawful purposes. Accordingly, you may only link versions of Academic Papers or other Content (as defined below) on the Site if you have the right to do so. To be sure you have the right to link such Content, you should review your publishing agreement, the publisher’s copyright policies and/or any other applicable information prior to posting any version of an Academic Paper.

4.2. “Content” shall mean any material you post on or through the Site, including, without limitation, Academic Papers and any comments on forums, wikis, personal profiles and communications with members. By using the Site and posting any Content, you permit us to extract metadata for indexing and improved searchability purposes from any such Content that you post or upload to the Site. After posting or uploading your Content to the Site, except for the permissions granted to us hereunder, you continue to retain all your rights in such Content. We do not claim any ownership rights in your or any other user’s Content except the annotations of the documents.

“Research Data” shall mean the result of observations or experimentation that validate research findings and that are published separate to an Academic Paper, which can include but are not limited to raw data, processed data, software, algorithms, protocols, and methods. For Research Data that you make publicly available on the Site, you grant us a perpetual, worldwide, non-exclusive right and license to publish, extract, reformat, adapt, build upon, index, re-distribute, link to and otherwise use all or any part of the Research Data in all forms and media (whether now known or later developed), and to permit others to do so. Where you have selected a specific end user license under which the Research Data is to be made available on the Site, we shall apply that end user license.

4.3. By posting your Content you represent and warrant that:

(i) your Content is original to you and/or is licensed and fully cleared to permit us to use such Content as contemplated herein;

(ii) your Content was produced in compliance with all applicable laws and regulations;

(iii) your Content does and will not, in any way, violate or breach any of these Terms of Use;

(iv) your Content does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation;

(v) your Content is not obscene or in any other manner unlawful;

(vi) your Content shall not be injurious to the health of any user; and

(vii) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of your Content.

At HubScience’s request and in accordance withHubScience’s reasonable instructions, you will promptly delete and not use our Services to send, knowingly receive, upload, download, use or re-use any Content that would hinder the performance of the HubScience Site and Services or that would be not academic in nature.

 

USE NOT TO BE ALLOWED

5.1. You may not use our Services:

to send, knowingly receive, upload, download, use or re-use any Academic Papers without authorization. You may perform these actions only if you are the copyright owner, have the copyright owner’s permission, are permitted to do so under your publishing agreement or your institution’s license agreement or under license from an Open Access database or under a Creative Commons license.

In any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or that advocates, promotes or assists any unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence or that may be harmful to a user;

in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory;

in any way that promotes sexually explicit material, violence, or discrimination of any kind; in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person;

in any way that is threatening, abusive or invades another’s privacy, or is likely to harass, upset, embarrass, alarm or annoy any other person; This includes but is not limited to ensuring that you have complied with best practice and applicable local laws when sharing data obtained from any research participants or any other individuals, that you have obtained all necessary consents, and that such data is suitably anonymized wherever appropriate;

to impersonate any person, or to misrepresent your identity or affiliation with any person;

to upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “market research”, or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to (a) using HubScience invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using HubScience to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission.

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.5. Unless you have express prior written permission, you may not use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to extract content, data, information or other material from the Site.

4.6. You also agree:

not to access without authority, interfere with, damage or disrupt:

any part of our Site;

any equipment or network on which our Site is stored;

our Software or any software used in the provision of our Site;

or any equipment or network or software owned or used by any third party.

to use our Services only for research related activity (e.g, not to store your personal collection of movies, music and other large file types unrelated to your research activities).

4.7. You may form one or more private group as part of a HubScience Pro or HubScience Enterprise Package only if you intend to be active in all such groups.

 

COMPLAINTS/FAILURE TO COMPLY WITH THESE TERMS OF USE

6.1. To raise complaints regarding alleged intellectual property infringement, you must follow the instructions set forth on the Intellectual Property Policy page. For all other complaints about the use of our Site or Content (as defined above) posted to our Site, please contact us at complaints[at]hubscience[dot]com. We request that you provide a sufficiently detailed description of the basis of your complaint and your contact information in case additional information is necessary. We will then review your complaint and decide whether there has been a failure to comply with our Terms of Use. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

 

6.2. If we receive a complaint from someone else about something that you have posted or uploaded, we will investigate the complaint carefully, following the procedures determined above or in the Intellectual Property Policy. Similarly, if we ourselves consider that you have not complied with these Terms of Use, we will investigate also. In either case, if we determine, in our sole discretion and judgment, that you have failed to comply with these Terms of Use we reserve the right at any time to take all or any of the following actions (and any other action we reasonably deem appropriate):

 

temporary or permanent withdrawal of your right to use our Site and/or closure of your account;

temporary or permanent removal of any posting or Content uploaded by you to our Site;issue of a warning to you;

legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

disclosure of such information to law enforcement authorities or to a third party complainant as we reasonably feel is necessary or required (and in exceptional circumstances and only where we consider a complaint is justified, this may include disclosure of your identity to the complainant);

use any technological, legal, operational or other means available to us to enforce the provisions of these Terms of Use.

6.3. You hereby hold harmless and indemnify us and our affiliates, officers, agents and employees from and against any claim, suit or action made by any third party arising from or related to your use of the Services or violation of these Terms of Use, including any liability or expense arising from losses, damages, claims, costs and reasonable attorneys’ fees.

 

DELETION OF CONTENT

 

7.1. Except as set out in this Terms of Use, you may delete your Content at any time using the automated account deactivation tool. When you delete your Content, our right to use it shall cease save that we may retain a copy in backup for a reasonable period of time and as necessary to comply with our legal obligations.

 

7.2. Where you make use of the interactive features of our Services to share Content with others, you may not be able to delete such shared Content.

 

CHANGES TO SERVICES

 

8.1. We aim to update our Site regularly. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

 

8.2. Although we aim to keep the Services available at all reasonable times, we may modify, suspend or discontinue the Services in whole or in part without notice including, for example, in the event of technical failures, upgrades, routine or emergency repair work or some reason outside our control. We will not be liable if for any reason our Services are unavailable at any time or for any period.

 

JURISDICTION AND APPLICABLE LAW

 

The Hungarian courts will have non-exclusive jurisdiction over any claim arising from, or related to, our Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by Hungarian law.

 

SOLE STATEMENT

 

This document is the sole statement of the Terms of Use with respect to HUBSCIENCE, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.

 

CONTACT

 

If you have any questions, comments or requests regarding this Terms of Use, please contact terms[at]hubscience[dot]com or ScienceBoost Limited, 6800 Hódmezővásárhely, Kis Ernő utca 6.

 

This Terms of Use was published on 15 January 2016.

 

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